logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.19 2016가단39018
휴업보상금등
Text

1. As to KRW 7,541,420 among the Plaintiff and KRW 3,977,420 among them, the Defendant shall pay to the Plaintiff KRW 3,564,00 from July 1, 2014.

Reasons

1. Facts of recognition;

A. On August 26, 2013, the Plaintiff was employed by the Defendant, who was engaged in the removal business of the artificial park, and suffered injury, such as a sacriffeing the left-hand sacriffe, by causing an accident where the removal was caused by the weight of the relevant accident, when he/she loaded the removal at the work site of dismantling the first floor of the Yeonsu-gu Incheon Metropolitan City C building at the work site of dismantling the first floor of the Yeonsu-gu, Incheon.

B. The Defendant was sentenced to a fine of KRW 1,50,00 on November 17, 2016 in the case of violation of the Labor Standards Act, Incheon District Court Decision 2015Da13666, which stated that “The Defendant did not pay to the Plaintiff who sustained the instant injury KRW 3,977,420 and compensation for business suspension [the average wage of KRW 54,00] x 54,000 (the average wage of KRW 60%) x 66 days (the period of medical care from August 27, 2013 to October 31, 2013).” The above judgment became final and conclusive around that time.

With respect to the cost of compensation for suspension of work, the Defendant was indicted for the amount of KRW 16,542,000 as compensation for suspension of work from August 29, 2013 to June 30, 2014, and only the amount of KRW 3,564,00 due to changes in the indictment was maintained.

· [The reasons why evidence Nos. 3, 13, 29, and evidence No. 1 and the purport of the whole pleadings for recognition No. 3, 13, 29

2. Determination

A. According to the above recognition of the obligation to pay the compensation for medical treatment and the compensation for business suspension, the Plaintiff is employed by the Defendant and provided labor.

Since the defendant was injured on duty, the defendant is obligated to pay the plaintiff compensation for medical treatment and compensation for suspension of work under Articles 78 and 79 of the Labor Standards Act.

B. 1) 3,564,00 won (=54,00 won (average wage) x 66-day recuperation period from August 27, 2013 to June 10, 2014 / (the medical expenses and medicine expenses paid by the Plaintiff for the treatment of the Plaintiff from August 27, 2013 to June 10, 2014) recognized as non-satisf 3,564,00 won (the overall purport of the pleadings).

arrow